**WARNING** "Reconstituted" CCA - 'perfectly acceptable' says Judge

[Bigdebtor]

Scrible

 

I put the following post on your previous thread - but here it is again:

 

You have admitted there is a debt - but that's not the end of the World. In my view just denying any debt ever existed is unlikely to endear a debtor to a creditor-friendly judge - as clearly there are records of payments being made by the debtor and (in a credit card or debit card debt) evidence of spending on goods and services by the debtor. How does one justify this other than claiming every payment by either side was simply a "gift" to the other?

 

Whilst I have never had to get as far as a court room (so far - touch wood!) my thoughts have always been if a creditor-friendly judge asked me "Did you get this money from the creditor?" I would ensure I had done my homework carefully and my reply would be "According to my records and information provided over the years by the creditor, I have been advanced a total of £x by the creditor and I have paid the creditor a total of £y (which is more than £x). In my opinion I have therefore repaid the total advanced by the creditor over time and more - and I assume the excess of £y-x consists of charges and interest. However since I do not have a record of what interest, charges and T&C's were agreed initially and modified over time I need to have a true and full copy of my own specific agreement and all subsequent amendments to ascertain if I have paid ALL interest due - or if there an outstanding (to either party) - and also to ascertain if any of these charges paid are fair and legally enforceable - or if such charges are unfair, representing more than the actual costs or loss incurred by the creditor due to any late or missed payments. I believe that is why we are here today - to establish in law whether there is still anything outstanding to the creditor that I am obliged to pay or not"

 

I can't see how that sort of statement could lead to the judge saying "you've had the money - now pay it back" - but I have frequently fallen foul of expecting the law to be in any way related to common sense and logic - and to deliver "justice" - such as last November's SC rulling, the recent Brandon verdict etc.

 

I hope something like this might be useful to clarify the "admission of debt" already made by scrible?

 

TO ANSWER SPECIFIC POSTS IN THIS THREAD;

 

1. DON'T GIVE UP.

2. The Judge WAS wrong - end of.

3. Appeal - but do your homework first - and see what other cases you can cite to su[pport the lwa as it ACTUALLY is - not as it has been mis-reported and missunderstood by some not-so-learned judges in lower courts.

4. Restons have misled the Judge. They know full well the full story of Carey - and have deliberately twisted things here. They MUST NOT get away with it.

 

Good luck anyway scrible!

 

BD

[Bigdebtor]

WHY offer even 10% - if the agreement is unenforceable? Using CPUTR 2008 now seems the best way to establish if they DO have a signed agreement and if not, get these leaches off our backs - see related threads on this.

 

I made the mistake of offering 35-50% to some OC's and DCA's before getting to know about CAG - and in retrospect many of these blood suckers would not have had enforceable CCA's and I could have saved even more than I did save (100% instead of 50-65%). I should have guessed when they "offered" or eagerly accepted the F&F deals done in 2005 -2008 that they weere desperate an dprobably not able to enforce a penny payment!

 

Now I hope I can help others to avoid the mistakes I used to make.

 

BD

[Bigdebtor]

Debtstar

 

If we all took this view the OC's and DCA's would have things all their own way!

 

Whil eit is still a risk I just can't see how scrible can lose if his appeal is properly presented. The daft judge was just plain WRONG!

 

However perhaps he should leave it as long as possible to see what other case law transpires in the meantime to support his position. This verdict was just SO wrong and there MUST be loads of cases where the CORRECT verdict was reached.

 

Does anyone know the time limit within which scrible must start his appeal?

 

BD

[Bigdebtor]

UB

 

I think you give these Judges too much credit! I don't think some of them are actually that knowledgible.

 

BD

[Bigdebtor]

Post 151 also says there WAS a signature! Do the reconstructed/forged documents in scrible's case include such a signature?

 

OF COURSE scrible will get ALL the help available - but I also said scrible should leave it as late as possible - and see what case law there is to support him in the meantime.

 

BD

[Bigdebtor]

Scrible

 

Any update?

 

BD